Terms and conditions

1. GENERAL PROVISIONS

1.1. Identity of the Operator

These Terms and Conditions (hereinafter the "Terms") govern access to and use of the website https://autocalls.ai, its related subdomains (app.autocalls.ai, docs.autocalls.ai, status.autocalls.ai), the web application and all related services (collectively referred to as the "Service" or the "Platform"), operated by:

Company name	MULTICODE S.R.L.
Registered office	Iasi, Str. Garii, No. 9, bl. L15, ap. 19, Iasi County, Romania
Tax ID (CUI)	46388165
Trade Register No.	J22/2371/2022
E-mail	[email protected]

(hereinafter referred to as the "Company", "Autocalls.ai", or "we")

1.2. Acceptance of the Terms

By accessing or using the Service, you confirm that you have read, understood and accepted these Terms. If you do not agree with any of the provisions, you do not have permission to use the Service.

If you are using the Service on behalf of a legal entity (company, organisation, etc.), you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to that entity.

1.3. Amendments to the Terms

We reserve the right to amend these Terms at any time. Material amendments will be notified by e-mail or by displaying a notice within the Platform. Continued use of the Service after the amendments take effect constitutes acceptance thereof. In case of disagreement, you must cease using the Service.

1.4. Additional Terms

The use of certain features or components of the Service may be subject to additional terms and conditions ("Additional Terms"), which are incorporated by reference into these Terms. In the event of a conflict, the Additional Terms shall prevail.

2. DESCRIPTION OF THE SERVICE

2.1. The Autocalls.ai Platform

Autocalls.ai is a Software as a Service (SaaS) platform that enables users to create, configure and manage artificial intelligence (AI) voice agents for the automation of telephone calls, both inbound (received) and outbound (initiated). The Platform includes, without limitation:

a) Creation and configuration of AI voice agents with customised scripts and instructions;
b) Provision of international telephone numbers from over 150 countries;
c) Making and receiving automated telephone calls in over 100 languages;
d) Recording and transcription of telephone calls;
e) User voice cloning (based on voluntarily provided audio samples);
f) Integrations with over 300 third-party applications (HubSpot, GoHighLevel, Zoho CRM, Calendly, Cal.com, Google Calendar, etc.) through the no-code automation platform;
g) Outbound call campaigns with contact list import;
h) Detailed call reports and statistics;
i) White Label programme for reselling under your own brand.

2.2. Availability

We endeavour to maintain the Service available 24/7, but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates or factors beyond our control. The current service status may be checked at: https://status.autocalls.ai.

3. REGISTRATION AND USER ACCOUNT

3.1. Account creation

To access the Platform's functionalities, it is necessary to create a user account. Upon registration, you undertake to provide accurate, complete and up-to-date information and to keep it updated throughout the duration of your use of the Service.

3.2. Account security

You are responsible for maintaining the confidentiality of your authentication credentials (e-mail and password) and for all activities conducted through your account, whether authorised by you or not. Notify us immediately at [email protected] in the event of any unauthorised use.

3.3. Account types and pricing plans

The Company offers several types of subscriptions (Starter, Pro, Agency, Agency Whitelabel), with the features and prices detailed on the pricing page: https://autocalls.ai/pricing. The specific terms of each plan are presented at the time of purchase.

3.4. Account suspension and closure

We reserve the right to suspend, restrict or close your account at any time, with or without prior notice, in the event that: you breach these Terms; you fail to pay the fees due; you engage in suspicious, illegal or activities that may harm the Company, the Service or other users; or for security reasons.

4. USER OBLIGATIONS

4.1. Compliance with applicable legislation

You are entirely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

GDPR and the ePrivacy Directive: if you call or contact persons within the European Economic Area;
Law No. 506/2004: on the processing of personal data and the protection of privacy in the electronic communications sector (Romania);
TCPA and TSR: if you call numbers in the United States of America;
EU Artificial Intelligence Act (AI Act): to the extent applicable to the use of AI voice agents;
Any other national or supranational legislation applicable in the jurisdiction in which you operate or in which the contacted persons are located.

4.2. Consent and data obligations

You are solely responsible for:

a) Obtaining any legally required consent from the contacted persons before initiating automated calls;
b) Providing the mandatory information pursuant to Art. 13 and 14 GDPR to the persons whose data you process through the Platform;
c) Honouring any "do-not-call" or objection requests received from contacted persons;
d) Managing contact lists in compliance with applicable legislation;
e) Concluding a Data Processing Agreement (DPA) with the Company as controller, when processing personal data through the Platform.

The Company assumes no responsibility for the user's failure to comply with their legal obligations.

4.3. Prohibited content

The use of the Service is strictly prohibited for:

a) Initiating calls for illegal, fraudulent, abusive, harassing or discriminatory purposes;
b) Transmitting obscene, defamatory, threatening content or content that infringes third-party rights;
c) Processing personal data of minors without adequate parental consent;
d) Uploading or transmitting viruses, malware or other malicious code;
e) Attempting to access, decompile, disassemble or reverse-engineer the Platform;
f) Interfering with the functioning of the Service or the experience of other users;
g) Using the Service for collecting confidential information through social engineering techniques;
h) Any other use that violates applicable legislation or these Terms.

4.4. AI transparency obligation

In accordance with the requirements of the EU Artificial Intelligence Regulation (AI Act), Platform users are obliged to ensure that persons contacted through AI voice agents are informed, in a clear and intelligible manner, that they are interacting with an artificial intelligence system and not with a natural person. This obligation rests with the user in their capacity as deployer of the AI system.

5. FEES, PAYMENTS AND BILLING

5.1. Plans and fees

Access to certain functionalities of the Platform requires the purchase of a paid subscription ("Paid Plan"). The fees, billing periods, included minutes and features of each plan are detailed at the time of purchase and on the page: https://autocalls.ai/pricing.

5.2. Payment methods

Payments are processed through the payment service provider Stripe, Inc. You may pay by bank card or Google Pay. By providing your payment details, you authorise us to process the payment of fees due. In the event of payment failure, we reserve the right to suspend access to the Service.

5.3. Automatic renewal

Subscriptions are automatically renewed at the end of each billing period for an equal period, at the fee in effect at the time of renewal, unless you cancel the subscription before the renewal date.

5.4. Refund policy

Except where required by applicable legislation, all fees are non-refundable. This includes fees paid in advance for unexpired subscription periods. In the event of account termination due to a breach of the Terms, no refund shall be granted.

5.5. Fee changes

We reserve the right to modify fees. Any modification will be notified in advance. Continued use of the Service after the new fees take effect constitutes acceptance thereof. In case of disagreement, you may cancel the subscription before the new fees apply.

6. INTELLECTUAL PROPERTY

6.1. The Company's rights

All intellectual property rights (including but not limited to: copyrights, trademarks, designs, patents, know-how, source code, interfaces, databases, documentation) in the Service, the Platform and all related materials belong to the Company or its licensors. Nothing in these Terms shall transfer any intellectual property right to you.

6.2. Licence of use

Subject to compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Service for your internal purposes, including commercial purposes, in accordance with the documentation and features of the Platform.

6.3. User Content

You retain ownership of the content you upload to the Platform (call scripts, documents, audio files, contact lists, etc.) ("User Content"). By uploading User Content, you grant the Company a worldwide, non-exclusive, royalty-free licence to use, store, reproduce and display that content to the extent necessary for the provision and improvement of the Service, in accordance with applicable data protection legislation.

6.4. Feedback

If you provide suggestions, comments or other forms of feedback regarding the Service, you grant the Company an unrestricted, worldwide, irrevocable, perpetual, sublicensable and royalty-free right to use and incorporate that feedback into its products or services, without any obligation to you.

6.5. Restrictions

It is prohibited, except as expressly permitted by law or these Terms:

a) To copy, distribute, publicly display or reproduce any part of the Service;
b) To modify, adapt, translate or create derivative works from the Service;
c) To decompile, disassemble or attempt to obtain the source code of any software used in providing the Service;
d) To sell, rent, licence or transfer access to the Service to a third party without our prior written consent (except for the White Label licence);
e) To circumvent or breach any security measure of the Service.

7. WHITE LABEL PROGRAMME

If your plan includes a White Label licence, the Company grants you the right to sublicense or offer the Service under your own brand to your clients, under the conditions established by these Terms and the Additional Terms applicable to the White Label subscription.

You are entirely responsible for ensuring that your clients comply with these Terms, including obligations regarding compliance, data protection and acceptable use. You remain fully liable for any breach committed by your sublicensees.

8. PERSONAL DATA PROTECTION

8.1. The Company's capacity

As Controller: The Company processes, in its capacity as controller within the meaning of the GDPR, the personal data of Website and Platform users (visitors, registered clients, newsletter subscribers), in accordance with the Privacy Policy available at: https://autocalls.ai/privacy-policy.

As Processor: With regard to the data of persons contacted by Platform users (telephone numbers, call recordings, transcriptions, etc.), the Company acts as a processor within the meaning of Art. 28 GDPR. The processing relationship is governed by a Data Processing Agreement (DPA), which forms an integral part of the service agreement.

8.2. User's GDPR obligations

In your capacity as independent controller of the data you process through the Platform, you are obliged to fully comply with the GDPR, including:

a) Establishing a valid legal basis for processing (Art. 6 GDPR);
b) Informing data subjects in accordance with Art. 13/14 GDPR;
c) Facilitating the exercise of data subjects' rights (Art. 15-22 GDPR);
d) Carrying out Data Protection Impact Assessments (DPIA) where required (Art. 35 GDPR);
e) Maintaining a record of processing activities (Art. 30 GDPR);
f) Notifying security incidents in accordance with Art. 33-34 GDPR.

8.3. EU Artificial Intelligence Act (AI Act)

Platform users acknowledge that AI voice agents constitute artificial intelligence systems within the meaning of Regulation (EU) 2024/1689 (AI Act) and undertake to comply with all transparency obligations incumbent upon them as deployers, including the obligation to inform persons that they are interacting with an AI system (Art. 50 AI Act).

9. LIMITATION OF LIABILITY

9.1. Disclaimer of warranties

The Service is provided "as is" and "as available", without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights.

The Company does not warrant that: the Service will be uninterrupted, error-free or defect-free; telephone calls will be delivered without delay or error; the information provided through the Service is complete, accurate or up-to-date; the Service is free of viruses or other harmful components.

9.2. Limitation of damages

In no event shall the Company be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, revenue, data, goodwill or business opportunities, arising out of or in connection with the use of the Service.

9.3. Liability cap

The Company's total liability for all claims arising out of or in connection with these Terms or the Service is limited to the greater of: (a) the fees paid by you in the 3 months prior to the event giving rise to the claim; or (b) EUR 100.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, service providers and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including attorneys' fees) arising out of or in connection with:

a) Your use or misuse of the Service;
b) Any breach of these Terms or any Additional Terms;
c) Content uploaded by you, including claims of violation of legislation or third-party rights;
d) Non-compliance with applicable legislation, including GDPR, TCPA, TSR, AI Act;
e) Any dispute between you and third parties (clients, contacts, end users) in connection with the use of the Service.

11. TERM AND TERMINATION

11.1. Term

These Terms take effect from the date on which you first access or use the Service and remain in force until terminated in accordance with this section.

11.2. Termination by the User

You may cease using the Service and request account closure at any time, through your account settings or by contacting us at [email protected]. Unless otherwise provided in the Additional Terms, no refund shall be granted for unexpired periods.

11.3. Termination by the Company

The Company reserves the right to suspend or close your account at any time, with or without prior notice, for any reason, including breach of the Terms, non-payment of fees or activities that may harm the Service.

11.4. Effects of termination

Upon termination of the Terms: all rights and licences granted shall immediately cease; you remain responsible for any unpaid fees; provisions which by their nature survive termination (intellectual property, limitation of liability, indemnification) shall remain in force.

12. FORCE MAJEURE

Neither party shall be liable for failure or delay in performance of its obligations (except for payment obligations) caused by events beyond the reasonable control of the affected party, including: natural disasters, pandemics, national emergencies, labour disputes, governmental actions, power outages, internet service disruptions, acts of terrorism or war ("Force Majeure Events").

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1. Governing law

These Terms are governed by and shall be construed in accordance with the laws of Romania. Where the user is a consumer within the meaning of EU legislation, they shall benefit from the protection of mandatory provisions of the legislation of their country of residence, which cannot be derogated from by agreement.

13.2. Jurisdiction

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Romania, seated in Iasi, unless applicable legislation grants the consumer the right to bring proceedings before the courts of their place of domicile.

13.3. Alternative dispute resolution (ADR)

In accordance with Regulation (EU) No. 524/2013, EU consumers may use the European Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr. Our e-mail address for ADR communications: [email protected].

14. FINAL PROVISIONS

14.1. Entire agreement

These Terms (including all Additional Terms and the Privacy Policy) constitute the entire agreement between you and the Company with respect to the Service and supersede any prior agreements, written or oral, relating to the same subject matter.

14.2. Assignment

You may not assign or transfer these Terms or the rights and obligations hereunder, in whole or in part, without our prior written consent. The Company may assign these Terms at any time without notice or consent.

14.3. Severability

If any provision of these Terms is declared invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

14.4. Waiver

Failure by the Company to exercise or delay in exercising any right under these Terms shall not constitute a waiver of the subsequent exercise of that right.

14.5. Notices

Notices from the Company may be sent by e-mail, by posting within the Service or by other reasonable means. Notices from you must be sent by e-mail to: [email protected] or to the Company's registered office.

14.6. Relationship between the parties

No employment, agency, partnership or joint venture relationship results from these Terms or from the use of the Service. You have no authority to bind the Company in any way.

14.7. Contact

For any questions regarding these Terms, you may contact us at:

E-mail	[email protected]
DPO	[email protected]
Address	MULTICODE S.R.L., Str. Garii, No. 9, bl. L15, ap. 19, Iasi, Romania

15. ACKNOWLEDGEMENT

BY ACCESSING OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.

Solution

Platform

Resources

Industries